President Trump issued the Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak, effective April 23, 2020. This suspension will expire 60 days after the effective date but may be renewed or expanded to include additional restrictions.
The proclamation suspends the entry into the United States of individuals who are: 1) currently outside the United States; 2) do not have a valid immigrant visa as of April 23, 2020; and 3) who do not have a valid official travel document (including a transportation letter, boarding foil, or an advance parole document) that permits them to travel to the US.
There are a number of exemptions to this proclamation, including:
- Lawful permanent residents (LPR);
- Spouses of U.S. citizens;
- Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa;
- Individuals, and their spouses or children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak;
- Individuals applying for a visa to enter pursuant to the EB-5 immigrant investor visa program;
- Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees);
- Members of the U.S. Armed Forces and their spouses and children;
- Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification);
- Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
In addition, asylum seekers and nonimmigrant visa holders (i.e. H-1B, L-1, TN, O-1, etc.) are not included in this proclamation. However, the Trump administration is evaluating nonimmigrant programs and may expand the current proclamation to include additional restrictions.
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